That is just what Attorney Herman does. If you are facing Grand Theft charges, know that there is still hope. Contact Herman Law, P. What is Grand Theft? Home » Blog » What is Grand Theft? What is the law surrounding Grand Theft? Grand theft is not always considered a felony and can be a misdemeanor offense.
Theft, Grand Theft, Petit Theft, and Larceny A theft occurs whenever a person deprives someone else of his or her property with the intention to permanently deprive the owner of its possession.
Minimum Value Grand theft is considered a more serious theft offense because the property stolen is highly valuable. Valuing Property In many grand theft cases, determining the value of the stolen object is a key factor.
Types of Property Grand theft can also occur if a specific type of property is stolen, even if that property is not worth the minimum amount required for grand theft. Multiple Items or Collaborators In some theft crimes, multiple people work together to steal items, or a single person steal multiple items as part of the same theft. Degrees State theft laws often provide for different degrees of severity of grand theft, with higher degrees representing more significant crimes and coming with more significant penalties.
Penalties Traditionally, grand theft was considered a felony offense , meaning the potential punishment for conviction included a year or more in prison. Jail or prison.
For misdemeanor convictions of grand theft, a court can sentence you to up to a year in jail, while felony convictions for grand theft can last much longer. In cases where the theft involved incredibly valuable property or where the person convicted is a repeat offender, sentences of five to 20 years or more are possible. Being convicted of grand theft can also result in having to pay a significant fine.
Whenever you are convicted of stealing something, the courts will typically require you to pay restitution in addition to fines.
Restitution is paid directly to the property owner, while a fine is paid to the state as a penalty. Restitution is usually equal to the value of the stolen property.
If convicted of Grand Theft of the Second Degree, a judge can impose any combination of the following penalties:. If convicted of Grand Theft of the First Degree, a judge can impose any combination of the following penalties:. Pursuant to Florida Statute As a result, a prosecution for Grand Theft can be brought up to five years after the offense was committed and even longer in some cases. In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Grand Theft are:.
A co-owner of property cannot be convicted of Grand Theft for taking the property unless the complaining co-owner had a superior legal interest in the property. If you face charges, a criminal defense lawyer with experience in the local court system and with cases like yours should be able to explain the relevant law and procedure.
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Petty vs. Grand Theft Theft can be categorized as grand theft—and therefore deemed a more serious offense —for a variety of reasons. Property is taken directly from a person, but by means other than force or fear. If force or fear were used, the crime would be robbery. An example would be picking the pocket of an unsuspecting victim. Particular types of property are taken. For example, the theft of cars and some types of animals is often grand theft regardless of their actual market value.
Merchandise Theft: Shoplifting Some states have laws that set out the crime of shoplifting. Here's what a definition of the crime might look like: knowingly taking possession of or carrying away merchandise that was for sail at a place of retail without the merchant's knowledge or consent while intending to keep the merchandise or otherwise permanently deprive the merchant of it without paying the purchase price for it.
Theft Involving Lost Property Keeping lost property can qualify as theft if the finder could reasonably return the property to its owner.
Theft Involving Stolen Property Buying or keeping stolen property usually translates into a crime popularly known as receiving stolen goods.
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